SPOUSAL SUPPORT
Spousal maintenance may be awarded
to either party based upon a number of factors including the prior standard of
living of the parties, the present and future earning capacity of the parties,
and the ability of the party seeking spousal maintenance to become self
supporting. The duration of spousal maintenance awarded may be for a
limited period of time, or for an indefinite period of time. New York has recently adopted, “Maintenance
Guidelines” for temporary and post-judgment spousal support awards. A
formula based on the parties’ respective income is utilized, with different
formulas for a non-custodial spouse-payor who is paying child support and when
there is no child support being also paid.
The new guidelines also making recommendations as to the duration of the
maintenance award based upon the length of the parties’ marriage.
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